POJĘCIE „PRZEDSIĘBIORCA” W ŚWIETLE USTAWY O OCHRONIE KONKURENCJI I KONSUMENTÓW
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Date
2004
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Wydział Prawa i Administracji UAM
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NOTION ‘ENTREPRENEUR’ IN THE LIGHT OF POLISH COMPETITION AND CONSUMER PROTECTION ACT
Abstract
There are an increasing number of various definitions of entrepreneur in the Polish law.
This situation raises doubts not only of a purely legal nature but also at the interface between
law and economics. This paper intends to present the development of the term “entrepreneur”
from a historical perspective and then to provide a detailed analysis of this term as
understood by the Act of 15 December 2000 on Competition and Customer Protection. The
importance of this Act is a good justification of why it was selected for this analysis. It is the
main legal act on competition in Poland. For this reason it is often referenced by other
regulations on competition. Moreover, the term of “entrepreneur” is very broadly understood in
the Act, which is due to the specifics of preventive protection provision contained therein.
The author makes a number of innovative findings that allow the conclusion that the
term “entrepreneur” should be construed in a comprehensive manner in the competition law
so as to include potential threats to the free market. Generally speaking, however, this
situation should constitute rather an exception than a principle.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 66, 2004, z. 4, s. 69-80.